State v. Barton

Missouri Court of Appeals

State v. Barton

567 S.W.2d 460, 1978 Mo. App. LEXIS 2568

CourtMissouri Court of Appeals

DecidedJune 8, 1978

DocketNo. 11044

StatusPublished

Cited by1 cases

This text of 567 S.W.2d 460 (State v. Barton) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Barton, 567 S.W.2d 460, 1978 Mo. App. LEXIS 2568 (Mo. Ct. App. 1978).

Pincite

Opinion

PER CURIAM:

On May 15, 1978, appellant filed a notice of appeal and an order allowing perfection of appeal as a pauper. Said order was signed by the circuit judge on the 10th day of May, 1978. The notice of appeal states that the judgment was final for purposes of appeal on the 1st day of May, 1978.

This court must examine, sua sponte, the files and records of each case to insure that appellate jurisdiction exists pri- or to an examination of the merits. Timely examination of jurisdiction will hopefully allow those parties whose efforts have fallen short of the required time limitation to salvage their right to appellate review.

The instant record demonstrates that the notice of appeal and the order allowing waiver of the filing fee were not filed within 10 days after the judgment became final. This court has acquired no jurisdiction. State v. Worl, 531 S.W.2d 294, 295[1] (Mo.App.1975).

The appeal is hereby ordered dismissed without prejudice to move for leave to file a notice of appeal out of time. ,

All concur.

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